Be Careful of the Word "Exchange" for Your Website

Crabcake Johnny

Guru
5000 Post Club
14,809
Maryland
I just got off the phone with a client who used the word "exchange" in their domain name. They got a call from their DOI yesterday stating in no uncertain terms "take it down."

So it's down - neither of us thought battling the DOI was a great idea. I'm posting this as a potential warning to others who might be spending/preparing to spend a lot of money on a site/SEO to risk a potential cease and desist order from their DOI.
 
The DOI out here is bitching about people using the word Medicare on their website, because it "could be" misleading. I appreciate that they are trying to protect consumers, but often times they go overboard as in the aforementioned example.
 
From last October my blog

California Health Insurance Blog: No More Phony CA Health Exchange Web Sites - CA AB 1761

From AB 1761:
(j) Holding oneself out as representing, constituting, or
otherwise providing services on behalf of the California Health
Benefit Exchange established pursuant to Section 100500 of the
Government Code without a valid agreement with
the California HealthBenefit Exchange to engage in those activities.

This bill would prohibit an individual or entity from holding
himself, herself, or itself out as representing, constituting, or
otherwise providing services on behalf of the Exchange
unless that individual or entity has a valid agreement with the Exchange
to engage in those activities. The bill would specify that it is an
unfair business practice for health care service plans, entities
engaged in the solicitation of health care service plan contracts,
and persons engaged in the business of insurance to violate this
provision. Because a willful violation of the provisions governing
health care service plans is a crime, the bill would impose a
state-mandated local program. [emphasis is mine]
 
I guess the government now owns the word "exchange". So much for any freedom in this country.
 
The states dont want any resemblance to the state exchange website at all. Using the word "exchange" for an insurance website (especially if its health) is a huge no-no now. There are already false state exchange sites out there and they are already trying to rip peoples info off. I can see why the states are cracking down hard on this. Just wait a few more years when they just start handing out fines instead of a C&D order.
- - - - - - - - - - - - - - - - - -
I guess the government now owns the word "exchange". So much for any freedom in this country.

I am all for free speech. But I would have to side with the DOI on this one. I know a lot of you will probably disagree.

But the abuses have already started and its not even day 1 yet.
Obviously not every site that uses "exchange" is shady. But too many of them are/have been/will be that the opportunity is just too prevelant to ignore.

The problem is that so many people are so clueless when it come to insurance. Then combine that with cluelessness about the internet. And you suddenly have A LOT of potentially vulnerable people out there who are being REQUIRED by the gov to expose themselves to this vulnerability.

If the states did not do this there would be HUGE lawsuits for forcing people to use the web to enroll when there are so many "scam" exchange sites out there. Better to be proactive in this situation than reactive.
 
Last edited:
The states dont want any resemblance to the state exchange website at all. Using the word "exchange" for an insurance website (especially if its health) is a huge no-no now. There are already false state exchange sites out there and they are already trying to rip peoples info off. I can see why the states are cracking down hard on this. Just wait a few more years when they just start handing out fines instead of a C&D order.
- - - - - - - - - - - - - - - - - -


I am all for free speech. But I would have to side with the DOI on this one. I know a lot of you will probably disagree.

But the abuses have already started and its not even day 1 yet.
Obviously not every site that uses "exchange" is shady. But too many of them are/have been/will be that the opportunity is just too prevelant to ignore.

The problem is that so many people are so clueless when it come to insurance. Then combine that with cluelessness about the internet. And you suddenly have A LOT of potentially vulnerable people out there who are being REQUIRED by the gov to expose themselves to this vulnerability.

If the states did not do this there would be HUGE lawsuits for forcing people to use the web to enroll when there are so many "scam" exchange sites out there. Better to be proactive in this situation than reactive.

I understand and see your point but what if you are the hapless individual who has always used a word like exchange in your name and now it is illegal. It could be the case. My issue is by fiat the government just takes over whatever segment of our life they desire. Our current president is chosing to enforce or not enforce whatever law or decree he choses. We are no longer a nation ruled by law or a free people.
 
I see the point of trying to create a site with the intent of "fooling" clients into thinking they're on the actual state exchange site.

But that leaves a lot of gray area. I'm not sure just the word "exchange" should be prohibited so long as there is clear and well-placed language on the site stating that it is not the official state site.

But my warning stands about dumping any amount of time or money into such a site and risking an order for its removal - unless you plan to battle it out with the DOI.
 
Last edited:
............But my warning stands about dumping any amount of time or money into such a site and risking an order for its removal - unless you plan to battle it out with the DOI.

I totally agree. I wouldn't go there at all.
 
Back
Top